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Tyndall v. Walter Kidde Co.5/7/1991
Shelby Tyndall (Claimant) appeals from an "Opinion and Award" of the Industrial Commission denying her claim for compensation.
The undisputed facts reveal that the Claimant in 1983 received a job with Walter Kidde Co. (Employer) as a machinist "C" "and with time and experience, became elevated to the position of machinist "B" at $8.51 per hour." The findings of fact adopted by the Commission state in part:
4. [Employer] . . . manufactures fire control systems. Many of the parts are small and intricate. Precision gauges are used to measure these parts. As a part of [Claimant]'s duties she worked with machines which used cutting oils to lubricate and cool the tools in the metal process. The oil was applied by a spray device when a drill press was used. On the larger machines that were involved in several operations, a cooling system was in place that sprayed the cooling liquid from all directions on the part as well as the tool. A drain system is installed to catch the excess coolant that splashes off the part and recycles it through the cooling oil system.
5. Not only [Claimant], but other workers would often get this cooling oil on their hands or body as a necessary part of their job duties. Solcut 50 was a water-soluble coolant used in the machine shop. Also, a blue Monroe cooling solution was used in the machine shop as well. Different machines used different cooling solutions. Some used cutting oils.
6. In the spring of 1987, [Claimant] began to notice that she was developing dermatitis on her hands and arms. This rash looked like poison oak or ivy, and caused an itching sensation. Small blisters or bumps developed.
The Claimant sought treatment from her family doctor and was referred to Dr. Edward Burton (Dr. Burton), a Raleigh dermatologist. Dr. Burton determined that Claimant had "a chronic hand eczema which seems to be definitely accentuated by chemical exposure at work and is greatly improved when the patient ceases to work." Dr. Burton told Claimant that if she continued "to be exposed to these chemicals she [could] . . . expect to continue to have trouble with her hands probably for an indefinite period of time." Dr. W. Stacy Miller (Dr. Miller) also diagnosed Claimant as having a "chronic eczema" which he determined to be "related to chemicals she comes in contact with at work." Dr. Miller performed some tests on Claimant which revealed "positive skin test reactions to the blue Monroe and undiluted Solcut 50 solutions." Dr. Miller advised that Claimant "should not come into contact with these chemicals." He concluded that Claimant was "fully capable of working in another capacity where exposure to these chemicals will not be necessary." At some point after Claimant was examined by Dr. Miller and Dr. Burton, Claimant was told by Employer that there was a machinist "C" position open and Claimant requested
a transfer to this position. On 1 September 1987, Claimant began working as a machinist "C" and was paid at the rate of $6.98 per hour. This work did not expose her to the irritating chemicals and coolants that she had been exposed to as a machinist "B." In April, 1989, Claimant quit her job with Employer and began working at the Johnston County Alcohol and Substance Abuse Facility earning $6.01 per hour. There is no evidence in the record that Claimant had "further experience of dermatitis after September 1, 1987 when her exposure" to blue Monroe and Solcut 50 ceased.
Employer offered the testimony of Joseph G. Kearney (Kearney) who testified that he specialized in "job evaluation: wage and salary administration and benefit analysis and compensation." He further stated that his work involved the "collect
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